USCIS to Eliminate AOS Receipt Requirement for H and L Travelers

U.S. Citizenship and Immigration Services (USCIS) will publish a rule in tomorrow’s Federal Register eliminating the regulatory requirement that applicants for adjustment of status to permanent residence have an original I-485 receipt when returning to the United States to resume H-1, H-4, L-1 or L-2 status. The change in the regulation will be effective November 1, 2007.
The current rule allows H-1, H-4, L-1 and L-2 nonimmigrants who have pending applications for adjustment of status to travel without advance parole if upon returning to the United States the H or L nonimmigrant: (1) remains eligible for H or L status, (2) is coming to resume employment with the same employer, (3) is in possession of an H or L visa, and (4) is in possession of the original I-797 receipt notice for the adjustment of status application.

The new rule will remove the last requirement – that the H or L nonimmigrant be in possession of the original I-797 receipt notice for the adjustment of status application. USCIS eliminated this requirement in light of the receipt issuance delay that resulted from the unprecedented volume of employment-based applications for adjustment of status filed in July and August of this year.